6.37: Notice to admit
7.5: Application for judgment by way of summary trial

Case Summary

The parties were divorced and shared care of their children. The Applicant applied in Special Chambers to vary the amount of child support that he was obliged to pay. One of the peripheral issues in this Application was whether the expense and delay of a Trial was justified. The Court stated that in balancing the need to produce a fulsome evidentiary record and the need to achieve a timely and cost-effective resolution, litigants face a dilemma that will only be amplified when the new Family Practice Note 2 comes into effect. The Court advised counsel to “get creative” and utilize civil procedure Rules, such as Rule 6.37, where the quantum in question may be admitted without the need to attach voluminous exhibits to an affidavit. Summary Trial was another option, which would have allowed for more fulsome Affidavits supplemented by viva voce evidence as needed. In the result, child support was varied.

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